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Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
.... deed of heba-bil-ewaz dated 19.04.1977 by Dr. Sadeq Ali in favour of the defendant No.1 is forged, fraudulent, anti dated and is not binding upon her on the averments that Ka, Kha and Ga schedule land of the plaint belonged to Dr. Sadeq Ali who died leaving behind her as widow, two daughte......bsp; Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Serajul Islam alias Tuku......................Petitioner Vs. Most. Shahid Khatun and others…..........bsp; Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Serajul Islam alias Tuku......................Petitioner Vs. Most. Shahid Khatun and others…........Respondents Judgment ......…........Respondents Judgment November 9, 2008. Lawyers Involved: Md. Nawab Ali, advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to A..Category: Property Law | Date: | Hits: 87
Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)
....vals as a public Debottor property, Sreemati Zugal Dasshya and Usha Rani Dashya were the owner of the “Ka" schedule property appertaining C.S. and S.A Dag Nos. 1720 and 21 measuring suit lands .48, 1.49 and 1.36 decimals respectively by a pattan nama. Subsequently they executed and reg......; Not represented-Respondent Nos. 5-1. Civil Petition for Leave to Appeal No.1276 of 2008. (From the judgment and order dated 21.04.2008 passed by the High Court Division in Civil Revision No. 5583 of 2000.) Judgment ......irming the judgment and decree dated 31.08.2000 passed by the learned Subordinate Judge, Additional Artha Rin Adalat No.2, Dhaka in Title Appeal No. 221 of 1995. 2. The facts, in short, are that the respondents as plaintiffs as next friend of shebait committee instituted a suit for d.............Respondents Judgment April 5, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Rabishanker Chakrabarty, Advocate, instructed by A. K.M. Shahidul H..Category: Civil Law | Date: | Hits: 110
Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)
....ed pre-emption Miscellaneous Case No.3 of 1996 under section 96 of the state Acquisition and Tenancy Act, 1950 in the Court of Assistant Judge, Rajapur, Jhalakathi for pre- emption of 0.14 acres of land out of 2.66 acres described in S.A. khatian No.407 claiming him as a co-sharer by inheritance......p; Md. Tafazzul Islam J Md. Joynul Abedin J Nazimuddin Molla...................Petitioner Vs. Mobasser Ali Howlader and others......Respondents Judgment &......der dated 6.3.2006 passed by a single Bench of the High Court Division in Civil Revision No. 1673 of 2000 making the rule absolute and thereby allowing the pre-emption. 2. The short fact is that the respondent No.1 as pre-emptor filed pre-emption Miscellaneous Case No.3 of 1996 under sect......ers......Respondents Judgment January 19, 2009. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not r..Category: Property Law | Date: | Hits: 57
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....rrect decision and there is no illegality or infirÂmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......(In Civil Petitioner No.1359 of 08). Shah Mohammad Hossain..................Petitioner (In Civil Petitioner No. 1360 of 08) Vs. Shah Mohammad Alinoor and others…......Respondents (In both cases) Judgment March 3, 2009. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, i......of 08) Vs. Shah Mohammad Alinoor and others…......Respondents (In both cases) Judgment March 3, 2009. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Sufia Khatun Advocate-on-Record-For the Petitioner (In Civil Petitioner No. 1359 of 2008). A. K. Badrul ......09) 930...Category: Trust/Waqf Law | Date: | Hits: 518
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
.... question was acquired in L.A. Case No. 10 of 1963-64 as per the proviÂsions of Section 93A of the Town Improvement Act, 1953. The Government by the said gazette notification withdrew 14.68 acres of land from acquisition exerÂcising the power conferred under Section 8B of the Emergency Acquisition......urt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Most. Sufia Khatoon ………...........Petitioner (In all cases) Vs. Mrs. Mahabuba Rahman & others……….......Respondent (In Civil Petition No. 2052 ......I ADC (2009) 917; 30 BLD (AD) 2010. ......a Rahman & others……….......Respondent (In Civil Petition No. 2052 of 2008) Rosy Ahmed & others.................. Respondents (In Civil Petition No.2053 of 2008). S.K. Mohd Anwar Hossain & ors. ..........Respondents (In Civil Petition No. 2054 of 2008). Judgment May 18, 2009. Ca..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....and register the kabala and to hand over possession of the property, to have the said reliefs through the Court. 2. The suit was averring specific performance of the contract for sale of the land in suit. 3. The plaintiff filed the suit averring that defendant No.1 Mosammat Hamida B......o Reported in: VI ADC (2009) 901. ......rty, to have the said reliefs through the Court. 2. The suit was averring specific performance of the contract for sale of the land in suit. 3. The plaintiff filed the suit averring that defendant No.1 Mosammat Hamida Begum Chowdhury as the owner of the property in suit offered the......llant Vs. Mosammat Hamida Begum Chowdhury and another…..........Respondents Judgment April 5, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. Not represented-the Respondents. Civil Appeal No. 54 of 1998. ..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....n the appropriate place. Section 7 provides for assistance to the officer of customs-" All officers of Central Excise, Police and the Civil Armed Forces and all officers engaged in the collections of land-revenue are hereby empowered and required to assist officers of customs in the discharge of the...... also Reported in: 36 DLR (AD) (1984) 113. ......0-83 only to a Customs Officer who is kingpin of the entire enactment.................(22) The Customs Act, 1969 (IV of 1969), Section 6 Customs officer's authority under the Customs Act and that the Police Officer under the Code of Criminal Procedure are different. The Police officer has no......... Appellant Vs. State....................................................... Respondent Judgment August 17, 1983. The Customs Act, 1969 (IV of 1969) Customs officers are authorized to deal with offences mentioned in the Customs Act. The Bureau of Anti-Corruption cannot ..Category: Fiscal/Taxation Law | Date: | Hits: 129
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....uit No.42 of 1983 before the learned Assistant Judge, Fenchugonj, Sylhet against the petitioners as defendants praying for declaration of title, recovery of khas possession in 1st and 2nd schedule land and for confirmation of possession in the 3rd schedule land alleging, inter alia, that th......Record-For Respondent No.1 Not Represented- Respondent Nos. 2-64. Civil Petition for Leave to Appeal No.2294 of 2008. (From the judgment and order dated 25.3.2008 passed by the High Court Division in Civil Revision No.6533 of 2002.) Judgment &n......cted against the judgment and order dated 25.3.2008 passed by a Single Bench of the High Court Division in Civil Revision No.6533 of 2002 making the rule absolute. 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.42 of 1983 before the learned Assistant...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Mannan and others .......................Petitioners Vs. Borhan Uddin Chowdhury and others….......Respondents Judgment May 20, 2009. ..Category: Property Law | Date: | Hits: 41
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....-emption Miscellaneous Case No.15 of 1985 under section 96 of the State Acquisition and Tenancy Act or alternatively under section 24 of the Non-Agricultural Tenancy Act for preemption of the case land against the pre-emptee petitioner and others alleging, inter alia, that the case land concerni......e-on Record-For Respondent No. 1. Not Represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 2219 of 2008. (From the judgment and order dated 14.07.2008 passed by the High Court Division in Civil Revision No.1924 of 2004.) Judgment &......008 passed in a pre-emption case by a Single Bench of the High Court Division in Civil Revision No.1924 of 2004 making the rule absolute allowing the pre-emption case. 2. The short fact is that the respondent No.1 and his brother respondent No.2 as pre-emptors instituted Pre-emption Misc......Petitioner Vs. S. M. Abdul Alim and another………….........Respondents Judgment April 15, 2009. Lawyers Involved: Dr. M. Zohir, Senior Advocate, instructed by Md. Firoz Shah, Advocate-on Record-For the Petitioner. Md. Ibrahi..Category: Property Law | Date: | Hits: 29
Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)
....ion are as under:- The respondent No.1 as plaintiff filed Title Suit No.02 of 2000 in the Court of the learned Assistant Judge, Monohardi, Narsingdi for declaration of title over .09 acre of land and for further declaration that R.S. Khatian No.39 in respect of .39 acre in the name of Hat......in, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1279 of 2008. (From the judgment and order dated 07.05.2008 passed by the High Court Division in Civil Revision No. 6369 of 2001.) Judgment ......ndent No.1 as plaintiff filed Title Suit No.02 of 2000 in the Court of the learned Assistant Judge, Monohardi, Narsingdi for declaration of title over .09 acre of land and for further declaration that R.S. Khatian No.39 in respect of .39 acre in the name of Hatirdia Rajiuddin. College is wrong a..........................................Respondents Judgment February 17, 2009. Lawyers Involved: Mrs. Kamrunnessa Ratna, Advocate instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to ..Category: Property Law | Date: | Hits: 32
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
.... in question the common judgment and order passed in disposing of three Miscellaneous Cases filed by the same petitioner under section 96 of the State Acquisition and Tenancy Act for pre-empÂtion of lands sold out by the same vendor opposite party vide three separate sale deeds, duly registered und......t Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Moulvi Abdul Wadud Chowdhury ...........Petitioner (In all the cases) Vs. Abdul Motaleb Chowdhury and others..........Respondents (In all the cases) Judgme......f lands sold out by the same vendor opposite party vide three separate sale deeds, duly registered under the Registration Act. 2. The facts relevant for the disposal of the cases in reference are that the opposite party No.2, being owner possessor of the lands described in the second schedule of ......the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ..Category: Property Law | Date: | Hits: 33
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....nd decree dated 29.8.1968. 2. The predecessor of the petitioners filed Title Suit No.66 of 1967 in the Court of Additional Munsif, Madaripur, for declaration of his hostile title in the suit land and for further declaration that the rent roll as prepared in respect of the suit land has be......hah Abu Nayeem Mominur Rahman J Surendra Mohan Bandayapadhya being dead his heirs-1(2) Paritosh Kumar Bandayapadhya and others ......................Petitioners Vs. Lalit Mohan Das being dead his heirs-1(a) Ratan Kumar Das and others......Respondents Judgment Ap....... The predecessor of the petitioners filed Title Suit No.66 of 1967 in the Court of Additional Munsif, Madaripur, for declaration of his hostile title in the suit land and for further declaration that the rent roll as prepared in respect of the suit land has been wrongly prepared and also prayed......ners Vs. Lalit Mohan Das being dead his heirs-1(a) Ratan Kumar Das and others......Respondents Judgment April 6, 2009. Lawyers Involved: Md. Awlad Ali, Senior Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioners. Not re..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
.... 2. The plaintiff petitioner filed Title Suit No. 84 of 1992 in the Court of Senior Assistant Judge, Sadar Court, Feni against the defendant respondents for declaration of title of the suit land. The plaintiff’s case, in short, is that the land situated in Mouza No.75 Podua, pertain......3. ........................Respondents Judgment June 21, 2009. Lawyers Involved: Abdus Salam Khan, Senior Advocate (with Zafarullah Chowdhury, Advocate), instructed By Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Abul Kalam Chowdhury, Advocate, instructed by................Petitioner Vs. Abdus Sattar and others .................................Respondents Judgment June 21, 2009. Lawyers Involved: Abdus Salam Khan, Senior Advocate (with Zafarullah Chowdhury, Advocate), instructed By Mrs. Sufia Khatun, Advocate-on-Rec..Category: Property Law | Date: | Hits: 30
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....#2458; হয়।" 2. The petitioner as plaintiff instituted Title Suit No.26 of 1995 in the 1st Court of the Joint District Judge, Pabna for declaration of title in the suit land on the averments, inter alia, that the suit land originally belonged to one Zinnat Ali, grand ......Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 646 of 2008. (From the judgment and order dated 2.3.2008 passed by the High Court Division in Civil Order No.1010 of 2008) Judgment ......Pabna, First Court, in Title Appeal No.256 of 2003 and the First Court of the Joint District Judge (the then Subordinate Judge), Pabna in Title Suit No.26 of 1995 dismissing the suit on the ground that "বাদীর মোকদ্দমù...... Shah Abu Nayeem Mominur Rahman J Saiful Hoque……………………….....Petitioner Vs. Bangladesh House Building Finance Corporation………………..Respondent Judgment Novemb..Category: Property Law | Date: | Hits: 53
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
.... the Court of Munsif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No.616 of 1969 of t......lip;………………….Appellant Vs. Amin Hossain Mondal and others……..Respondents Judgment January 16, 2005. Case Referred To- Safaruddin and others Vs. Fazlul Huq and others 49 DLR (AD) 151. La...... This Case is also Reported in: 17 BLT (AD) (2009) 164. ...... Judgment January 16, 2005. Case Referred To- Safaruddin and others Vs. Fazlul Huq and others 49 DLR (AD) 151. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Appellant. Md. Abu Siddique, Advocate-on-Record-For Respondent Nos.1-15...Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ...... 14 MLR (AD) (2009) 412. ......in, Advocate-on-Record-For the Appellants (In Civil Appeal No.140 of 2006) Amir-ul-Islam, Senior Advocate and Mahbubur Rahman, Senior Advocate instructed by Md. Zahirul slam and Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.1 (In both cases) Not represented-Respondent Nos.......in Ahmad and others.............Respondents (In both cases.) Judgment August 23, 2009. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate and Khondker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advoc..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....n the writ petitions were heard and disposed of by a common judgment. The petitioners in the writ petitions are however different. The common case in the writ petitions is that the respective case lands originally belonged to Bhawal Raj Court of Wards Estate and the petitioners are the successor...... Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Bhawal Raj Court of Wards Estate, represented by its Manager, Dhaka.................Petitioner (In all the cases) Vs. Rasheda Begum and others .........Respondents (In Civil Petition No.1447 of......dingly the Rules issued in the writ petitions were heard and disposed of by a common judgment. The petitioners in the writ petitions are however different. The common case in the writ petitions is that the respective case lands originally belonged to Bhawal Raj Court of Wards Estate and the peti......he Province of East Pakistan (1967) 19 DLR 106; Tanvir Ahmed Siddiky Vs. the Province of East Pakistan (1968) 20 DLR (SC) 144 = PLD 1968 SC 185. Lawyers Involved: Mahbubur Rahman, Senior Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on-Record- For the Petitioners (In all the..Category: Property Law | Date: | Hits: 67
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
.... every possibility of losing Salamatullah made the gift in question in favour of his sons, defendant Nos.1-5, although he had no saleable interest in the shop. Thereafter, Bazlus Sobhan sold the suit land to Salamatullah by kabala dated 03.01.1985. The purchaser got his name mutated in the records o......alequzzaman, Advocate-on-Record-For Respondent No.1-7. Not represented-Respondent No. 8-17. Civil Petition for Leave to Appeal No. 405 of 2006. (From the judgment and order dated 15.12.2005 passed by the High Court Division in Civil Revision No. 4375 of 2003.) Judgment MM Ruhul Amin......ion for leave to appeal is directed against the judgment and order dated 15.12.2005 passed by the High Court Division in Civil Revision No. 4375 of 2003 disÂcharging the Rule. 2. Short facts are that the plaintiff instiÂtuted Title Suit No.31 of 1992 in the Court of Senior Assistant Judge, Feni......€¦â€¦......Petitioners Vs. Salamatullah being dead his heirs Sayemullah Majumder & others........Respondents Judgment January 22, 2008. Lawyers Involved: Abdul Salam Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. A. S. M. Kh..Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....are that the respondent No.1 instituted Title Suit No.80 of 1994 on 29.11.1994 before the learned Assistant Judge, Mongla within the District Bagerhat for declaration of title in kha schedule land against the present petitioners. 3. The disputed land and other khas lands measuring 38...... Vs Ananda Chandra Dakua and others…….......Respondents Judgment April 20, 2009. Lawyers Involved: Lutfor Rahman Mondal, Advocate instructed by Giasuddin Ahmed, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. ......and order dated 08.05.2008 passed by the High Court Division in Civil Revision No.3149 of 1998 reversing the judgment and decree dated 28.05.1998 passed by the learned Subordinate Judge, Bagerhat in Title Appeal No.264 of 1995 reversing the judgment and decree dated 30.09.1995 passed by the...... and others…..........Petitioners Vs Ananda Chandra Dakua and others…….......Respondents Judgment April 20, 2009. Lawyers Involved: Lutfor Rahman Mondal, Advocate instructed by Giasuddin Ahmed, Advocate-on-Record-For the Petitioners. ..Category: Property Law | Date: | Hits: 27
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
....espondent No.15 are not bound by that judgment and also for permanent injunction restraining the defendant-resplendent No.1 from evicting the plaintiff- petitioners from any part of suit land by putting the said judgment and order in execution. 3. The averments made in the plaint......vocate-on-Record-For Respondents No. 1. Not represented-Respondent Nos. 2-15. Civil Petition for Leave to Appeal No.1500 of 2007. (From the judgment and order dated 02.08.2007 passed by the High Court Division in Civil Revision No. 4795 of 2005). Judgment ......uddin Ahmed and others ..........Respondents Judgment June 17, 2008. Lawyers involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Mahbubey Alam, Senior Advocate, instructed b......ioners Vs. Md. Marufuddin Ahmed and others ..........Respondents Judgment June 17, 2008. Lawyers involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Mahbubey Al..Category: Property Law | Date: | Hits: 33
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